Keywords
Summary

Keywords

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1. International agreements ° EEC-Turkey Association Agreement ° Freedom of movement for persons ° Workers ° Access by Turkish nationals to paid employment of their choice in one of the Member States ° Conditions ° Prior engagement in legal employment ° Concept

(EEC-Turkey Association Agreement; Decision No 1/80 of the EEC-Turkey Council of Association)

2. International agreements ° EEC-Turkey Association Agreement ° Freedom of movement for persons ° Workers ° Access by Turkish nationals to paid employment of their choice in one of the Member States ° Turkish national fulfilling the requirement of prior engagement in legal employment but having a residence permit because of his marriage to a national of the Member State of employment ° Dissolution of the marriage ° Irrelevant to the right to renewal of the work permit

(EEC-Turkey Association Agreement; Decision No 1/80 of the EEC-Turkey Council of Association)

3. International agreements ° EEC-Turkey Association Agreement ° Council of Association established by the EEC-Turkey Association Agreement ° Decision on freedom of movement for workers ° Direct effect ° Turkish national fulfilling the requirements for renewal of his work permit ° Corresponding right to the renewal of his residence permit

(EEC-Turkey Association Agreement; Decision No 1/80 of the EEC-Turkey Council of Association)

Summary

1. The third indent of Article 6(1) of Decision No 1/80 of the EEC-Turkey Council of Association must be interpreted as meaning that a Turkish worker does not fulfil the requirement, laid down in that provision, of having been engaged in legal employment for at least four years, where he was employed on the basis of a right of residence conferred on him only by the operation of national legislation permitting residence in the host country pending completion of the procedure for the grant of a residence permit, even though his right of residence has been upheld by a judgment of a court at first instance against which an appeal is pending.

2. The first indent of Article 6(1) of Decision No 1/80 of the EEC-Turkey Council of Association must be interpreted as meaning that a Turkish national who obtained a permit to reside on the territory of a Member State in order to marry there a national of that Member State and has worked there for more than one year for the same employer under a valid work permit is entitled under that provision to renewal of his work permit even if at the time of determination of his application his marriage has been dissolved.

3. A Turkish worker who fulfils the requirements of the first or third indent of Article 6(1) of Decision No 1/80 of the EEC-Turkey Council of Association may rely directly on those provisions in order to obtain the renewal not only of his work permit but also of his residence permit, since the right of residence is indispensable to access to and engagement in paid employment.

That conclusion cannot be invalidated by the consideration that, pursuant to Article 6(3) of Decision No 1/80, the procedures for applying paragraph (1) are to be established under national rules. Article 6(3) merely clarifies the obligation incumbent on Member States to take such administrative measures as may be necessary for the implementation of that provision, without empowering them to make conditional or restrict the application of the precise and unconditional right which it grants to Turkish workers.